Sagar Kisan Aaglave v. State Of Maharashtra And ANR

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 457 OF 2025 Sagar Kisan Aaglave .....Applicant Vs.

The State of Maharashtra .....Respondents and anr Mr. Aniket Nikam, Atharva R. B. and Mr. Pramod S. and S. S. Lendave for the applicant P. P. Devkar APP for the State CORAM :

SHIVKUMAR DIGE, J.

DATE :

4th SEPTEMBER 2025 P.C.:

1.

By this application, applicant is seeking regular bail in IRESH MASHAL C.R. No. 477/2024 registered with Sangola Police Station, Digitally signed by IRESH MASHAL Date:

2025.09.09 12:33:56 +0530 District Solapur for offences punishable under Sections 363, 376(2)(n) of the Indian Penal Code and Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012. 2.

It is the prosecution's case that applicant kidnapped the minor daughter of first informant and sexually assaulted her on 1/4

several occasions.

3.

It is the contention of learned counsel for applicant that there was love affair between the applicant and victim. Earlier, victim had fled with the applicant. Thereafter, she was brought by her family members. Again she fled with the applicant. It shows love relations between the applicant and victim. At the time of incident, applicant was 21 years old. applicant is behind bar for more than one year. Applicant is the Karta of the family. Investigation is completed and charge-sheet has been filed. Hence, requested to allow the application.

4.

It is the contention of learned APP alongwith learned counsel for respondent no. 2 that applicant kidnapped the minor daughter of the first informant and sexually assaulted her. He was aware about the age of the victim. if applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application. 5.

I have heard all the learned counsel, perused F.I.R. and documents produced on record. At the time of incident, victim was more than 15 years old. It appears from record that earlier, 2/4

victim had fled with the applicant. At the time of incident, applicant was 21 years old. applicant is behind bar for more than one year. There is no progress in the trial. Investigation is completed and charge-sheet has been filed. Applicant is Karta of his family. It may take time to conclude the trial. 6.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I.

Application is allowed.

II.

Applicant be enlarged on bail in C.R. No. 477/2024 registered with Sangola Police Station, District Solapur on executing P.R.Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount.

III.

Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

Applicant shall attend the Trial Court dates, regularly. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only 3/4

for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 9.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 4/4